A judge has already issued a temporary order while the case moves toward a fuller hearing, even as Berry’s camp insists the claims are false. Private text messages between the former spouses have since surfaced, and new photos show Berry and Maceo together in public for the first time since the filing became known.
The Emergency Filing and Allegations
Martinez, 60, filed the emergency request on Thursday, October 1, 2026, asking a Los Angeles court for sole custody of Maceo Robert Martinez and a domestic violence restraining order against Berry, 60, according to court documents obtained by USA Today.
The petition centers on an alleged incident on September 26 at Berry’s home. Maceo was reportedly playing a virtual reality game while Berry’s fiancé, musician Van Hunt, was present. Martinez claims the interaction between mother and son began playfully before turning confrontational after Maceo asked Berry to stop, and that she then physically restrained him around the neck.
In his declaration, Martinez wrote, “This is not the first time [Berry] has physically attacked our son.” He further alleged that both Berry and Maceo had previously described other physical interactions he considered inappropriate and upsetting to their son.
Martinez also alleged a pattern of earlier incidents over the years, along with comments from Berry that he said caused Maceo emotional distress, including remarks involving Martinez’s nationality and past child-support disagreements. He additionally raised concerns about Berry’s mental health and alcohol use.
Court’s Temporary Ruling and Custody Terms
According to court records reviewed by People, a Los Angeles County judge granted a temporary restraining order covering both Martinez and Maceo on October 1. The order did not grant every request Martinez made.
The judge allowed continued contact between Berry and her son rather than cutting it off, modifying her visitation instead. Berry was permitted time with Maceo on Mondays and Tuesdays from 10 a.m. to 8 p.m., as well as Saturdays and Sundays during the same hours, so that communication between mother and son could continue.
The court declined to impose sobriety monitoring on Berry, citing insufficient information. The temporary order remains an interim decision, not a final finding, and will stay in place until a hearing scheduled for later in October, when a judge will consider whether longer-term restrictions are warranted.
Martinez’s attorney, Patrick Baghdaserians, said his client’s paramount concern is “the health, welfare and the safety of the minor child,” adding that a secondary goal is for Berry to receive any help she may need. He also called Martinez “a loving parent” and said, “Our paramount concern right now is only one real issue, and that’s protecting this great kid.”
Private Messages and the Public Outing
The filing included a series of text exchanges between the former spouses. According to People, after Maceo asked to be picked up early, Berry allegedly wrote, “No I’m not ok with it. He wants to fight his mother?? What kind of kid are we raising.” She added, “As a father ask him what kind of kid is he… I’m his mother?”
Martinez replied that he didn’t know what was happening and alleged the two fought often, writing, “So u keep him at ur place? Even if he doesn’t want to stay?” Berry responded, “I’m his mother and this is wrong! He had no respect for his mother and this should not be ok for you as his father!!!”
She added, “He is disrespectful to me and feels I have no say on anything thing. I’m just money bags! This is wrong and wrong.”
A later exchange struck a different tone. On September 27, Berry reportedly reached out again, writing, “I’ve reached out to Maceo and asked to speak with him… I would really appreciate it if you would encourage him to speak with me today.” She added, “I feel terrible about what happened last night as I know he does as well.”
Not long after those messages became part of the public record, new photos from Page Six showed Berry and Maceo together again, this time away from courtrooms and filings. The two were photographed walking together, with Berry turning toward her son in one image; Maceo’s face was obscured in the published photos.
Berry wore a black lace-trimmed top, olive pants, sunglasses and a wide-brimmed hat, while Maceo wore a white T-shirt and dark shorts. Because Maceo is rarely seen in public, the outing drew added attention given the timing.
Attorney’s Rebuttal and Family Background
Berry’s attorney, Marina Beck, rejected the filing outright. “To say this filing is entirely meritless and deliberately misleading would be an understatement,” she said in a statement reported by TMZ.
Beck said the court record includes prior rulings showing Martinez repeatedly violated court orders and interfered with Maceo’s therapeutic and educational care, and that he had already faced legal sanctions over that conduct. She added, “In a way, today’s filing is not entirely unexpected from an individual with a well-documented history of erratic, possessive and violent behavior.”
According to Beck, Berry is “deeply saddened” by the filing but remains focused on “providing him with the love and support he needs,” and intends to keep fighting for what she believes serves Maceo’s best interests.
Berry and Martinez married in July 2013, and Maceo was born that October. Two years later they announced their divorce, saying in a joint statement that they hoped to move forward “with love and respect for one another.” A judge declared them legally single in December 2016, but their divorce settlement wasn’t finalized until 2023.
That 2023 agreement, obtained by People, gave the former couple joint legal custody of Maceo. Berry agreed to pay Martinez $8,000 a month in child support plus 4.3 percent of any income above $2 million, along with covering private school tuition, uniforms, supplies and extracurricular costs. Berry also has a daughter, Nahla Ariela, with former partner Gabriel Aubry, who is not part of this filing.
For now, the allegations remain disputed and the court’s restrictions are temporary. A later hearing will give both sides another chance to make their case before a judge decides what happens next for Maceo.